A.

Purpose: The purpose this ordinance is to promote and protect the public health, safety, and welfare of the citizens of the City of Scottsdale and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, as reflected in the General Plan.

B.

Title: This ordinance may be cited as the "Zoning Ordinance of the City of Scottsdale".

(Ord. No. 2830, § 1, 10-17-95)

If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 4329, § 1, 12-5-17)

This ordinance is not intended to interfere with or abrogate or annul any easement, covenant or other agreement between parties.

(Ord. No. 2830, § 1, 10-17-95)

Unincorporated areas annexed by the City of Scottsdale may retain Maricopa County zoning until such time as city zoning is adopted by the City Council. City zoning shall be adopted within six (6) months from the effective date of the annexation.

(Ord. No. 2830, § 1, 10-17-95)

The City Manager, or such other city employee as the City Manager may designate, shall serve as the Zoning Administrator. The Zoning Administrator may delegate to a designee those duties assigned by the Zoning Ordinance to the Zoning Administrator.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3314, § 1, 4-18-00; Ord. No. 3920, § 1(Exh. § 1), 11-9-10)

The Zoning Administrator shall enforce this Zoning Ordinance and the stipulations or conditions of zoning district map amendments, conditional use permits, municipal use master site plans, development review, abandonments, variances, lot splits and subdivision plats through the use of notices or orders as may be necessary for the purpose of enforcing compliance.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3314, § 1, 4-18-00; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 1), 5-6-14)

A.

The provisions of this Zoning Ordinance shall be interpreted and applied by the Zoning Administrator. Any request for a Zoning Ordinance interpretation or decision must be made in writing to the Zoning Administrator. The Zoning Administrator shall respond in writing to such requests for Zoning Ordinance interpretations or other decisions within forty-five (45) days from the date of the written request, provided no building permits have been issued on the subject development. A record of the Zoning Administrator's responses shall be available for public review.

B.

The appeal of Zoning Ordinance interpretations or other decisions by the Zoning Administrator may be initiated by any aggrieved person or by any officer, department, board or commission of the city affected by the interpretation or decision of the Zoning Administrator. For purposes of this subsection an aggrieved person is one who receives a particular and direct adverse impact from the interpretation or decision which is distinguishable from the effects or impacts upon the general public. Appeals must be filed with the City Clerk no later than thirty (30) days after the Zoning Administrator issues any written interpretation or decision. Any timely appeal shall be processed pursuant to Section 1.805

C.

When the provisions of this Zoning Ordinance are interpreted or applied they shall be held to be the minimum requirements for the promotion of the public safety, health and general welfare.

D.

The presumption established in this Zoning Ordinance is that all general uses of land are permissible within at least one (1) zoning district in the city's planning jurisdiction. The use regulations set forth in each district cannot be all inclusive, and may include general use descriptions that encompass several specific uses. Uses specified in each district shall be interpreted liberally to include other uses which have similar impacts to the listed uses. However, the use regulations shall not be interpreted to allow more than one principal use in a dwelling in a residential district shown on Table 4.100.A. or the residential portion of a Planned Community P-C-, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown in Table 4.100.A., or to allow an unspecified use in one (1) zoning district which more closely relates to a use that is permissible in another zoning district. The Zoning Administrator shall interpret uses within each district.

E.

Accessory uses are allowed in all districts. Accessory uses shall not alter the primary use of building or lot, or adversely affect other properties in the district. All accessory uses shall be reasonably compatible with the types of uses permitted in the surrounding areas.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3314, § 1, 4-18-00; Ord. No. 3920, § 1(Exh. § 2), 11-9-10; Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 1), 3-6-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 2), 5-6-14; Ord. No. 4326, § 1(Res. No. 10963, § 1 (Exh. A)), 12-5-17)

Inspections may be made by the Zoning Administrator.

If such inspection reveals that any property or portion of a project is not in compliance with the requirements of the applicable ordinances and codes, the Zoning Administrator shall report the discrepancy to the property owner, developer or their representative and shall order work on the project stopped or corrective action taken as appropriate.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95)

For carrying into effect the provisions of this Zoning Ordinance, the Zoning Administrator may adopt rules consistent with this Zoning Ordinance.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 3), 5-6-14)

The Zoning Administrator shall keep records of applications received, permits issued, inspections made, reports rendered and notices or orders issued.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95)

A.

The Zoning Administrator shall process the following development applications: General Plan amendments, Zoning Ordinance text amendments, zoning district map amendments, conditional use permits, municipal use master site plan approvals, abandonments, development review, variances, conditional use permit revocations, multifamily conversion developments, accessory dwelling units, and subdivision plats.

B.

The Historic Preservation Officer shall process the following development applications: Historic Property (HP) District designation, Certificates of No Effect, Certificates of Appropriateness, Certificates of Demolition Approval, and Certificates of Economic Hardship relating to development of historic and/or archaeological resources.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 1, 7-13-99; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 4), 5-6-14; Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 1)), 11-25-24, eff. 4-22-25; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 1)), 11-25-24)

A.

A minor amendment is one of the following:

(1)

A change of no more than ten (10) percent of the required distance set forth in the development standards for a yard, setback or distance between buildings; or

(2)

For properties that were originally developed under different development standards than those that currently apply, a change of no more than the amount necessary to align the current development standards for a yard, setback or distance between buildings to the development standards that were in place for a yard, setback or distance between buildings at the time the property originally developed.

B.

A property owner requesting a minor amendment to this Zoning Ordinance shall file an application with the Zoning Administrator, on the form provided by the Zoning Administrator, together with a fee for a minor amendment. The form shall require a site plan of the property, highlighting the specific portion of the property affected by the minor amendment, and the reasons for the request.

C.

Within ten (10) days after the Zoning Administrator receives a complete application, the property owner shall send notice, by first class mail, of the application to the property owners within three hundred (300) feet of any lot line of the property on which the minor amendment is being requested.

D.

Comments may be made on the proposed minor amendment, and shall address the criteria in E.1. below, be in writing and directed to the Zoning Administrator within thirty (30) days after the mailing date of the notice.

E.

1.

In reviewing an application for a minor amendment, the Zoning Administrator shall first determine whether the application meets the definition of a minor amendment set forth in A. above. If the application meets the definition, the Zoning Administrator may grant the minor amendment if he or she determines that it enhances the built environment and would not be materially detrimental to the surrounding areas. In making his or her determination, the Zoning Administrator must find that the following criteria have been met:

a.

That the minor amendment would continue to achieve the purpose of the underlying zoning district.

b.

That the minor amendment would have no or only negligible visual impact from the street or surrounding properties.

c.

That the minor amendment would be compatible and in character with existing buildings in the surrounding areas.

d.

That the minor amendment would not materially impact or limit the use and enjoyment of adjacent properties or properties in the surrounding areas.

e.

That the minor amendment would not be materially detrimental to the public health, safety or general welfare.

f.

That the minor amendment represents the only minor amendment granted for the property.

2.

The Zoning Administrator may grant the minor amendment subject to reasonable terms and conditions to mitigate its impact on adjacent properties and the surrounding development.

F.

The Zoning Administrator shall issue a decision on the specific minor amendment requested no sooner than thirty (30) nor later than forty-five (45) days after notice, referred to in C. above, is mailed. The Zoning Administrator may grant, grant with conditions, or deny the minor amendment. If granted, the minor amendment must be narrowly tailored and limited to the specific portion of the property described in the application.

G.

Any aggrieved person may appeal the Zoning Administrator's decision to the Board of Adjustment as set forth in the Zoning Ordinance.

H.

An application for a minor amendment is unrelated to and does not impact a property owner's ability to apply for a variance.

I.

The minor amendment procedure is inapplicable to the Foothills Overlay District, Environmentally Sensitive Lands Overlay District, Downtown District, and Downtown Overlay District.

(Ord. No. 3836, § 1, 2-10-09; Ord. No. 3920, § 1(Exh. § 3), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 5, 6), 5-6-14; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 1)), 11-25-24)

(Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 1), 8-25-14)

Applications shall be initiated as described below.

A.

General Plan amendments: The elements of the General Plan may be amended, supplemented or modified. Requests to amend the General Plan may be initiated by the Planning Commission, City Council or property owner of the real property which is the subject of the application.

B.

Zoning district map amendments:

1.

The zoning district map may be amended, supplemented, modified or repealed. Requests to amend the zoning district map may be initiated by the Planning Commission, City Council, or property owner of the real property which is the subject of the application.

2.

An application to have an historic resource zoned HP District may be initiated by the Historic Preservation Commission, the Planning Commission, the City Council, or by property owner of real property which is the subject of the application.

C.

Zoning Ordinance text amendments: The Zoning Ordinance text may be amended, supplemented, modified or repealed. Requests to amend the Zoning Ordinance text may be initiated by the Planning Commission, the City Council, or property owner of real property in the district to be amended or affected by the amendment.

D.

Conditional use permits: Conditional use permits may be approved, amended or revoked. Requests for a conditional use permit may be initiated by the Planning Commission, the City Council or property owner of real property which is the subject of the application.

E.

Municipal use master site plans: Municipal use master site plan requests may be initiated by the Planning Commission or the City Council.

F.

Abandonments: Requests for the abandonment of a right-of-way shall be submitted pursuant to the Scottsdale Revised Code.

G.

Development applications: Unless otherwise provided, all development applications are subject to Development Review Board approval. Development applications may be initiated by the property owner of real property which is the subject of the application.

H.

Zoning Ordinance variance: Requests for a variance may be initiated by the property owner of real property which is the subject of the application.

I.

Subdivision plat: Subdivision plats may be initiated by the property owner of real property which is the subject of the application.

J.

Zoning Ordinance minor amendment: Requests for certain minor amendments to this Zoning Ordinance may be initiated by the property owner of real property which is the subject of the application.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 2, 7-13-99; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 3836, § 1, 2-10-09; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 7), 5-6-14; Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 2), 8-25-14)

Before submitting any development application, the applicant shall make a written request on City forms for a pre-application conference. The Zoning Administrator shall schedule a pre-application conference with the applicant for a date not more than forty-five (45) days following the receipt of the written request for the pre-application conference. The Zoning Administrator shall attend the conference with the applicant to discuss the general aspects of the proposal, the development approval process and the information that will be required from the applicant in order to submit a complete application. No application for any development application will be accepted before the required pre-application conference has been conducted, unless the pre-application conference has been waived by the Zoning Administrator. During or before, the pre-application meeting for a zoning district map amendment or Zoning Ordinance text amendment, the Zoning Administrator shall provide the applicant a checklist of the minimum requirements of the Citizen Review Process. The Citizen Review Process shall include a citizen review plan and report to promote citizen participation as prescribed in Section 1.305.C.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3332, § 1, 7-11-00; Ord. No. 3920, § 1(Exh. § 4), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 8), 5-6-14)

After the pre-application conference has occurred, an application for any of the development applications specified in Section 1.206 must be made to the Zoning Administrator on City forms. The application shall be accompanied by the appropriate fee and other information as the Zoning Administrator may in writing require.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3332, § 1, 7-11-00; Ord. No. 3378, § 1, 6-4-01; Ord. No. 3920, § 1(Exh. § 5), 11-9-10)

The property owner shall sign the development application. Alternatively, an agent of the property owner may sign the development application with documentation of the property owner's written authorization.

If an application for zoning district map amendment includes properties other than that owned by the applicant, the applicant shall file a petition in favor of the request signed by the property owners representing at least 75 percent of the land area to be included in the application. Said petition shall bear the property owners' signatures and addresses, the legal description and the land area of each property represented on the petition and the total land area of properties included in the application.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3332, § 1, 7-11-00; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 9), 5-6-14)

A.

Administrate Completeness Review of Development Applications.

1.

Initial administrative completeness review of development applications. After the filing of a development application, the Zoning Administrator or designee shall review the application for completeness and notify the applicant of whether the application has been determined to be administratively complete or administratively incomplete within thirty (30) days of application submittal. This review time frame does not apply to a development application for a conditional use permit for an adult use, which is governed by Section 1.403.A.

2.

Incomplete development applications. If the Zoning Administrator or designee determines that the development application is administratively incomplete, the Zoning Administrator or designee shall, within thirty (30) days of the development application submittal date, convey a comprehensive list of specific deficiencies to the applicant in a written or electronic notice. The written or electronic notice shall not serve as verification of accuracy of the information submitted. The administrative completeness review time frame and the overall time frames as published by the city shall be suspended upon conveyance of the comprehensive list of specific deficiencies to the applicant in a written or electronic notice until such date that the city receives the necessary information from the applicant to satisfy the deficiencies of the application.

3.

Second and subsequent administrative completeness reviews. The Zoning Administrator or designee shall review any second or subsequent development application submittals for administrative completeness within fifteen (15) days of the second or subsequent development application submittals. The Zoning Administrator or designee may issue an additional written or electronic notice of administrative completeness or deficiencies based upon the applicant's submission of necessary information.

If after the Zoning Administrator or designee has conveyed a comprehensive list of specific deficiencies to the applicant in a written or electronic notice, and the applicant has not supplied the documentation or information requested or an explanation of why the information cannot be provided, within six (6) months of said written or electronic notice, the development application may be considered withdrawn, and any subsequent resubmittal shall be treated as a new development application that will be subject to new review time frames.

B.

Substantive Review of Development Applications.

1.

Substantive review of development applications. If the Zoning Administrator or designee has determined a development application to be administratively complete, the Zoning Administrator or designee shall complete a substantive review of the development application.

If the applicant is required by this section to provide any other necessary information subject to approval by another reviewing department, the Zoning Administrator or designee shall forward the necessary information to the reviewing department. The reviewing department shall complete its assessment of the necessary information and inform the Zoning Administrator or designee and the applicant in writing whether the necessary information is accepted, and if not, of the steps necessary to correct any deficiencies.

a.

Review time frame for Zoning District Map Amendments. For purposes of Zoning District Map Amendment development applications only, the substantive review of a development application shall not exceed one hundred eighty (180) days. During the substantive review process, the applicant may make a written or electronic request to extend the substantive review time frame and overall time frame by thirty (30) days for each request. During the substantive review process, the city may employ a onetime extension of the substantive review time frame to review a Zoning District Map Amendment development application by thirty (30) days.

b.

Review time frame for all other development application types. For all other development applications, substantive review time frames shall follow those time frames published by the City to meet state statutes. During the substantive review process, the applicant may request an extension of the substantive review time frame and overall time frame by written or electronic request.

2.

Request for corrections. During the substantive review time frame, the Zoning Administrator or designee may issue a comprehensive written or electronic request for corrections. If an initial comprehensive written or electronic request for corrections or supplemental requests for corrections are issued, the substantive review time frame and overall time frames shall be suspended from the date the request for corrections is issued until the date that the city receives the applicant's submission of corrections that satisfy the request for corrections.

If after the Zoning Administrator or designee has conveyed a comprehensive written or electronic request for corrections, and the applicant has not supplied the documentation or information requested, or an explanation of why the information cannot be provided, within six (6) months of said written or electronic request for corrections, then the development application may be considered withdrawn, and any subsequent resubmittal shall be treated as a new development application that will be subject to new review time frames.

C.

Citizen Review Process:

1.

Purpose. The purpose of the Citizen Review Process is to:

a.

Provide citizens and property owners sufficient time to learn the substance of zoning district map amendments and Zoning Ordinance text amendments that may affect them, and

b.

Enhance communications with citizens regarding zoning district map amendments and Zoning Ordinance text amendments to promote early and effective citizen participation, and to identify and address issues at an early stage in the process.

2.

Citizen review plan and report. Applications for zoning district map amendments and for Zoning Ordinance text amendments shall include a Citizen Review Process comprised of a citizen review plan and a citizen review report.

a.

Citizen review plan. A citizen review plan shall be submitted with the application and implemented prior to the notice of the first public hearing. At a minimum, the citizen review plan must include the following:

i.

The means by which adjacent property owners and other potentially affected citizens will receive early notification by the applicant of the substance of the request in order to promote early citizen involvement. The applicant's notification shall be prior to any notification made by the city required by Sections 1.605 and 1.702.

ii.

The early notification by the applicant shall also identify the method by which adjacent property owners and other potentially affected citizens will be provided an opportunity to express any issues or concerns prior to the notice of the first public hearing.

iii.

The means by which the school district will be notified if the zoning district map amendment application changes zoning classification(s) from a non-residential zoning classification to a residential zoning classification, and/or changes in residential zoning classification(s), and/or amends the stipulations that results in greater residential densities, thereby increasing the number of potential students.

(1)

The property owner shall deliver a letter by registered mail to the superintendent(s) of all applicable school districts at least 30 days prior to filing an application.

(2)

The letter shall provide specifics of the proposed zoning district map amendment, including the projected number of new residential units proposed within the development project, and the resulting projected number of new students. The projected number of new students shall be based upon a student-per-household ratio methodology approved and published by the appropriate school district(s). If a school district fails to establish a student-per-household ratio methodology for projecting the number of new students resulting from a rezoning application, then an estimate may be derived based upon an authoritative source using the most recent published census information.

(3)

The property owner shall include as part of the rezoning application a copy of the letter delivered to the school district(s).

(4)

School district input thereafter may be sought by the city or the property owner on the issue for consideration by the Planning Commission and/or City Council in making a decision on the rezoning application.

iv.

Additional information as required on a checklist for the Citizen Review Process.

v.

The applicant shall be responsible for notifying parties identified in the citizen review plan of a substantial modification to their proposal prior to the notice of the first public hearing. The means of notification of the modification shall be identified in the citizen review report described below.

b.

Citizen review report. The applicant shall also provide to the Zoning Administrator a written report of the results of their citizen review effort prior to notice of the first public hearing. This report on the applicant's citizen review effort shall be included with the public hearing report. The means of notifying citizens identified in the case of a modification shall be identified in the citizen review report. If the citizen review report has been submitted and any additional modifications occur, the applicant shall submit an addendum to the citizen review report. The addendum shall describe the citizen involvement process which provided citizens the opportunity to review and comment on the modification.

c.

Incomplete citizen review plan and/or report. If the citizen review plan and/or report does not meet the requirements of Section 1.305.C., the application for the zoning district map amendment or Zoning Ordinance text amendment shall be considered incomplete and shall not be scheduled for public hearing.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2620, § 1, 8-2-94; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3332, § 1, 7-11-00; Ord. No. 3920, § 1(Exh. § 6), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 10), 5-6-14; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 1)), 11-13-18; Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 1)), 11-25-24, eff. 4-22-25)

The Zoning Administrator shall submit to the City Council, Planning Commission, Board of Adjustment and/or Development Review Board a report on all development applications prior to the public meetings. The report shall provide an assessment of and may include a recommendation on the application.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3340, § 1, 9-19-00; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 11), 5-6-14)

Development applications for property zoned or to be zoned (HP) Historic Property are subject to the rules, regulations, and procedures set forth in Section 6.100 (HP) Historic Property in addition to the requirements of article I of this Zoning Ordinance.

(Ord. No. 3242, § 3, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 12), 5-6-14)

Conditional use permits, which may be revocable, conditional or valid for a specified time period, may be granted only when expressly permitted by this ordinance and, except in the case of conditional use permits for adult uses under Section 1.403(A), only after the Planning Commission has made a recommendation and the City Council has found as follows:

A.

That the granting of such conditional use permit will not be materially detrimental to the public health, safety or welfare. In reaching this conclusion, the Planning Commission and the City Council's consideration shall include, but not be limited to, the following factors:

1.

Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.

2.

Impact on surrounding areas resulting from an unusual volume or character of traffic.

B.

The characteristics of the proposed conditional use are reasonably compatible with the types of uses permitted in the surrounding areas.

C.

The additional conditions specified in Section 1.403, as applicable, have been satisfied.

The burden of proof for satisfying the aforementioned requirements shall rest with the property owner.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 13), 5-6-14)

Conditional use permits which have been approved by the City Council shall be subject to the following procedures and criteria regarding any violation, amendment, or revocation.

A.

Violation. The property owner and operator shall comply with all requirements approved as part of the conditional use permit. The violation of any requirement imposed by the conditional use permit shall constitute a violation of this Zoning Ordinance and shall be subject to Section 1.1400.

B.

Amendment. Conditional uses shall be developed in conformance to the approved plans as determined by the Zoning Administrator. An amendment to a conditional use permit is required before implementation of any material change in the scope and nature of an approved conditional use, material change in any conditions or stipulations to a conditional use permit or material change in the physical size, placement or structure of property subject to a conditional use permit. The Zoning Administrator shall have the discretion to determine if a proposed change warrants an amendment. An amendment must be approved as provided in Section 1.400 et seq. for the approval of conditional use permits.

C.

Revocation. The City Council or the City Manager or its designee may initiate and the City Council may effect revocation or modification of a conditional use permit pursuant to Section 1.707.

D.

Approval of a subsequent zoning district map amendment and/or a conditional use permit on a subject property shall automatically void all existing conditional use permits on the subject property. Exception: If the subsequent zoning district map amendment and/or conditional use permit application and approval specifically maintain the existing conditional use permit(s), and, if the existing conditional use permit(s) is allowed within the new requested zoning district, the existing conditional use permit(s) shall be considered valid.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 14, 15), 5-6-14)

A.

Adult uses.

1.

In order to prevent the adverse secondary effects associated with the establishment of adult uses, including neighborhood deterioration and blight, an increase in criminal activity and diminution in surrounding property values, the issuance of all conditional use permits for adult uses shall be subject to the provisions of this Section 1.403.A. The provisions of this Section 1.403.A. shall supersede the provisions of Section 1.401., but only as to the issuance of conditional use permits for adult uses, and Section 1.401. shall apply to the issuance of conditional use permits for all other conditional uses.

2.

A conditional use permit application for any proposed adult use shall be submitted pursuant to the provisions of Section 1.300., including the procedures described therein for a pre-application conference and application. After the filing of a conditional use permit application for a proposed adult use, the Zoning Administrator shall, within fifteen (15) days of the filing of the application, determine if the application is complete. If the application is found to be incomplete, the Zoning Administrator shall immediately inform the property owner in writing, by certified mail of the reasons therefor. The Zoning Administrator shall process any resubmitted application in accordance with the same requirements applicable to the processing of the original application. A property owner may appeal the Zoning Administrator's determination that the application is incomplete to the City Council. Such appeal must be filed within five (5) working days of the date on which the Zoning Administrator's determination is received or returned, and shall be considered and decided by the City Council no more than twenty (20) days after the filing of the appeal.

3.

No conditional use permit application for any proposed adult use shall be deemed complete unless the Zoning Administrator has determined that all of the following conditions exist:

a.

No other adult use is located within one thousand (1,000) feet of the proposed adult use.

b.

The proposed adult use, if established, would not be located within five hundred (500) feet of the following protected uses, provided such protected uses is established on or before the date an application for the proposed adult use is filed:

i.

Day care center;

ii.

Educational service, elementary and secondary school;

iii.

Educational service, other than elementary and secondary school;

iv.

Public park;

v.

Teen dance center;

vi.

Game center;

vii.

Amusement park;

viii.

Public library;

ix.

Place of worship; or

x.

Community buildings or recreational facility not publicly owned (such as Boys or Girls Club, YMCA, etc.).

c.

The proposed adult use, if established, would not be located within five hundred (500) feet of any of the following zoning district boundaries: Single-family Residential R1-190, Single-family Residential R1-130, Single-family Residential R1-70, Single-family Residential R1-43, Single-family Residential R1-35, Single-family Residential R1-18, Single-family Residential R1-10, Single-family Residential R1-7, Single-family Residential R1-5, Two-family Residential R-2, Medium Density Residential R-3, Townhouse Residential R-4, Resort/Townhouse Residential R-4R, Multiple-family Residential R-5, Manufactured Home MH, Service Residential S-R (if occupied as a residential use), Downtown Residential/Hotel D/RH or any of the foregoing districts which also have a Planned Residential Development PRD, Planned Community P-C or Environmentally Sensitive Lands ESL designation, unless a petition requesting waiver of this requirement, signed by fifty-one (51) percent of those persons residing thirty (30) days or more within a five hundred-foot radius of the proposed location and by fifty-one (51) percent of those nongovernmental owners who own uses listed in paragraph 3.b within a five hundred-foot radius of the proposed location is received and verified by the Zoning Administrator. In such case, the City Council may waive conditions 3.b and 3.c.

4.

For purposes of this section, streets, alleys and other thoroughfares adjacent to the zoning district boundaries specified in paragraph 3.c. shall themselves be considered within such district boundaries. With respect to any such street, alley or other thoroughfare, measurements to determine whether the proposed adult use is within five hundred (500) feet of such boundary shall be taken to the edge of such alley nearest to the proposed adult use, or to the centerline of such street or thoroughfare, or to the property line of the uses specified in Section 1.403.A.3.b. or an established adult use, unless such use is specified in Section 1.403.A.3.b. or an established adult use is part of a multi-tenant parcel, in which case the measurement shall be to the exterior building wall of the use in question. Measurement from the proposed adult use shall be taken from that portion of the proposed adult use, including projections therefrom, that is closest to the residential district, use specified in Section 1.403.A.3.b. or established adult use, unless such proposed adult use is to be part of a multi-tenant parcel, in which case the measurement shall be from the exterior building wall of the proposed adult use.

5.

Where the conditional use permit application is determined to be complete, the Zoning Administrator shall forward the application to the secretary of the Planning Commission, who shall set days for public hearing before the Planning Commission and City Council, which dates shall be no more than thirty-five (35) and forty-five (45) calendar days, respectively, from the date of the filing of a complete application. Notice of the hearings shall be given in the same manner as provided in Sections 1.605. and 1.702., respectively.

6.

Conditional use permits shall be granted when permitted by this ordinance, unless the City Council has found that the granting of such conditional use permit would endanger the public health, safety or welfare by significantly increasing the likelihood of one (1) or more of the following:

a.

Damage or nuisance to surrounding areas arising from noise, smoke, odor, dust, vibration or illumination.

b.

Hazards to the public health arising from the creation of a sanitary nuisance.

c.

Illegal conduct in the areas surrounding the proposed adult use.

d.

Adverse impacts on surrounding property resulting from an unusual volume or character or vehicular or pedestrian traffic.

e.

Substantial and demonstrable diminution of the market value of surrounding property.

7.

No more than forty-five (45) days shall elapse between the filing of a complete conditional use permit application for an adult use and a determination by the City Council to grant or deny the permit, unless such delay is caused by the property owner. When denying a conditional use permit application for an adult use, the City Council shall specify each of the categories of harm set forth in Section 1.403.A.6. which it finds would be significantly increased by granting the application and the basis for such findings.

8.

All conditional use permits for adult uses shall be subject to the following conditions:

a.

All exterior doors shall remain closed during business hours.

b.

All materials, projections, entertainment or other activities involving or depicting "specific sexual activities" or "specified anatomical areas" shall not be visible from off-premises areas or from portions of an establishment accessible to minors.

c.

Sound from projections or entertainment shall not be audible from off-premises areas.

In addition, notwithstanding the provisions of Section 1.401., the City Council, in granting a conditional use permit for an adult use, may impose only such other conditions on the conditional use permit that would decrease the likelihood of occurrence of any of the adverse impacts listed in Section 1.403.A.6.

9.

An applicant whose complete application for a conditional use permit for an adult use has been denied by the City Council, or approved by the City Council, but subject to conditions unacceptable to the applicant; or whose appeal from the Zoning Administrator's determination of completeness has been denied by the City Council shall have the right to seek prompt judicial review of the City Council's decision without any requirement of seeking reconsideration from the City Council or any other administrative or legislative relief.

10.

Each of the provisions of this Section 1.403.A., including each of the categories of harm set forth in subsection A.6., shall be severable, and a judicial determination that any such provision is invalid on federal or state constitutional grounds, or otherwise, shall not affect the validity of:

a.

Any other provisions; or

b.

Any determination by the City Council insofar as it is based on any provision not determined to be invalid.

11.

These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

B.

Banks or financial institutions.

1.

The maximum gross floor area of the building shall be five thousand (5,000) square feet.

2.

If the bank is to include drive-thru services there shall be a maximum of two (2) drive-thru windows.

3.

Setbacks:

a.

Side Yard.

i.

A side yard of not less than fifty (50) feet shall be maintained where the side of the lot abuts a single-family residential district, or abuts an alley which is adjacent to a single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential zoning district comparable to the residential districts shown on Table 4.100.A. The fifty (50) feet may include the width of the alley.

ii.

A side yard of not less than twenty-five (25) feet shall be maintained where the side lot abuts a multiple-family residential district or an alley adjacent to a multiple-family residential district.

b.

Rear Yard.

i.

A rear yard of not less than fifty (50) feet shall be maintained where the rear lot abuts a single-family residential district, or abuts an alley which is adjacent to the single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential zoning district comparable to the single-family residential districts shown on Table 4.100.A. The 50 feet may include the width of the alley.

ii.

A rear yard of not less than twenty-five (25) feet shall be maintained where the rear lot abuts a multiple-family residential district or an alley adjacent to a multiple-family district.

4.

A minimum six-foot high masonry wall shall be provided on all property lines that abut a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. The wall shall be contiguous to a minimum five-foot wide planter.

C.

Bars, cocktail lounges, and/or after hours establishments.

1.

The use shall not disrupt existing balance of daytime and nighttime uses.

2.

The use shall not disrupt pedestrian-oriented daytime activities.

3.

If the site is located within the Downtown Overlay District D-O then:

a.

The use shall not encourage displacement of daytime retail uses unless it can be demonstrated that the proposed use shall promote diversity of first floor uses along the street.

b.

The required parking for the use shall be within six hundred (600) feet of the property and shall not be separated from the property by a major or minor arterial street.

4.

If the use is located within five hundred (500) feet of a residential use or district then:

a.

The use shall not adversely impact residential uses.

b.

The use shall provide methods of buffering residential uses.

5.

An active management and security plan shall be created, approved, implemented, maintained, and enforced for the business.

6.

The property owner shall create a written exterior refuse control plan for approval by the City.

7.

The property owner shall demonstrate how noise and light generated by the use shall be mitigated.

8.

The use shall conform to the parking requirements of Article IX and shall not exceed capacity for traffic in the area.

9.

After hours establishments must maintain a valid after hours establishment license.

D.

Big box.

1.

To minimize adverse impacts from visual, aesthetic, and operational characteristics associated with big boxes and maintain the quality of life, general health, welfare, and safety of the community, big boxes shall be subject to the provisions of this Subsection 1.403.D.

2.

Remodeling or rezoning or addition to existing big box:

a.

Nothing in this Section 1.403.D. shall be reason to deny applications to remodel an existing big box or to rezone an existing big box.

b.

A Conditional Use Permit shall be required for any expansion of a big box beyond a cumulative ten (10) percent of the existing square feet of the big box existing at the time of the adoption of this ordinance requirement.

3.

A conditional use permit application for any proposed big box shall be submitted pursuant to the provisions of Article I, Section 1.300. In addition, all big box conditional use permit applications shall comply with the following submittal requirements and provisions unless otherwise approved by the City Council.

a.

An activity operations plan detailing characteristics of all operational activities.

b.

An outdoor activity plan describing the location, use, and characteristics of all outdoor activities.

c.

Service areas plan documenting hours of service area operations and activities.

d.

Display and storage areas shall occur within enclosed walls integral to the building.

e.

Items located within storage and display areas shall be screened from view from any single-family or multifamily residential district property.

f.

A refuse and litter control plan.

g.

A landscape and buffer plan.

h.

An outdoor lighting and mitigation plan documenting all aspects of lighting and its impacts in context with surrounding property characteristics; and how those impacts are not intrusive upon those properties. The outdoor lighting and mitigation plan shall include but is not limited to: hours of illumination, photometric analysis, and light fixture details for all lighting.

i.

A noise control plan and mitigation plan documenting the noise impacts in context with surrounding property characteristics; and how those impacts are lessened on those properties. The noise control and mitigation plan shall be accompanied by either acoustical planning documentation for new development or acoustical retrofitting documentation for alteration of existing development.

j.

Parking, vehicle circulation, pedestrian circulation, and transit service plans:

i.

Documenting impact in context with surrounding property characteristics and how the proposed use impacts are not intrusive upon those properties.

ii.

Documenting all accessibility, safety, and convenience of access to adjacent properties.

iii.

Documenting functional pedestrian scale elements and amenities.

k.

A traffic control plan including traffic generated by the use compiled into a traffic impact study and circulation study which documents how these impacts are mitigated.

l.

All structures and buildings shall be of a design character, including mass, scale, height, colors and other elements, compatible with the area in which the site is located.

m.

All site, structure, and building design shall be in substantial conformity with the Commercial Design Guidelines.

n.

All Development Review applications for big box shall be submitted for review by the Development Review Board and shall be processed with public notification requirements of Section 1.605 of this Zoning Ordinance.

o.

In addition, when deemed to be necessary because of the nature of the use and potential adverse impact on the community, other specific conditions may be imposed.

E.

Cemeteries.

1.

Cemeteries, including business office and storage building, shall contain a minimum of forty (40) acres, at least ten (10) acres of which shall be subdivided and developed in the initial plat. The cemetery may include accessory uses such as a chapel, a mortuary, a mausoleum, and those industrial uses which are incidental to the operation of a cemetery. Industrial uses shall include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated herein. Failure to receive approval of the Arizona State Real Estate Commissioner within twelve (12) months from the date of the City Council approval of the use permit shall render the use permit null and void.

2.

The application shall include:

a.

A certified copy of the articles of incorporation showing that a corporation has been organized and exits for the purpose of owning and developing a cemetery.

b.

A current study showing that the ratio of available ground interment spaces to the city's population does not exceed four (4) spaces per person.

c.

A proposed plat or map of the cemetery showing access to the cemetery from public roads; the sites of any proposed mortuary, chapel, or mausoleum structures; and a detailed landscape plan showing, particularly, any other buildings or significant structures.

3.

The applicant must demonstrate financial responsibility to comply with all state and local laws governing the development and maintenance of a memorial park cemetery.

4.

The applicant must demonstrate proposed cemetery will be adequately endowed for its perpetual care and maintenance to the extent that a trust fund shall be established in accordance with, and subject to, all provisions of the Arizona Revised Statutes and that said trust fund requirement be included as a covenant of the cemetery corporation in its sales agreements approved by the Arizona State Real Estate Commissioner.

F.

Commercial stable.

1.

The minimum property size shall be ten (10) acres gross.

2.

The proposed site shall not be adjacent to single-family residential properties of less than two (2) gross acres in size unless that residential property contains an equestrian trail easement along the contiguous boundary.

3.

Structures or facilities used for stabling, storing, showing or training of animals, and for temporary manure storage shall be set back a minimum of one hundred (100) feet from any adjacent privately-owned property. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasture may occur within the one-hundred-foot setback area subject to the setback requirements of the applicable zoning district.

4.

The front yard shall be that of the applicable zoning district or forty (40) feet, whichever is greater.

5.

All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of four (4) feet six (6) inches in height. The design of these enclosures shall be shown on drawings submitted with the use permit application.

6.

The property owner shall provide a specific plan which includes the physical containment and location for manure storage and/or a disposal program which minimizes odor and fly impacts in adjacent parcels. The spreading and tilling of manure into the soil of paddock, pasture or arena areas may be considered manure disposal.

7.

The property owner shall provide a specific program for fly control in barn and stable areas which minimizes the attraction to and successful breeding of flies.

8.

All activity and pasture areas shall be grassed, sprinklered, or treated with regularly tilled high organic soil mix for dust suppression.

9.

There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from a major street as set forth in the Transportation Master Plan and the Design Standards & Policies Manual. Permission for such shows and activities may be obtained from the City Council. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic and additional parking for vehicles. This letter shall be submitted to the City Clerk at least one (1) month prior to the date of the show or activity.

10.

All laws applicable to the public health must be complied with for the entire period of operation of the stable.

11.

Upon renovation of the use permit or abandonment of the commercial stable operation any accessory residential structures shall be removed.

G.

Day care center.

1.

The proposed facility shall comply with all requirements of the county and state health departments.

2.

A solid wall or fence, a minimum of six (6) feet high, and a buffer shall be provided around play areas abutting any residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

3.

A maximum of one-half (½) of the area for required parking may be used as a portion of the outdoor play area. If the building changes uses, all required parking areas shall be utilized as parking.

H.

Educational Service: Private school, university or college in compliance with, but not limited to, the following standards, as well as those otherwise required in the underlying District.

1.

There shall be no facilities regularly used for overnight housing or sleeping of students.

2.

Minimum lot area: 43,000 square feet.

3.

Maximum floor area ratio: 0.2.

4.

Noise: Outdoor speaker systems or bells are not allowed unless specifically approved by City Council.

5.

Required open space:

i.

Minimum: 0.24 multiplied by the net lot area.

ii.

For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.

iii.

NAOS may be included in the required open space.

6.

Parking:

i.

Parking shall be allowed in the front yard setbacks of the district for schools on streets classified in the Transportation Master Plan as minor collector or greater. On all other street classifications, parking shall be located behind the established front building line(s).

ii.

There shall be a three-foot high landscaped berm or screen wall along the street frontage where parking occurs.

iii.

A minimum of fifteen (15) percent of all parking areas shall be landscaped in addition to open space required above.

iv.

A twenty-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

7.

Lighting:

i.

All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.

ii.

All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be setback a minimum of thirty (30) feet from the property line.

iii.

All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.

8.

Screening: There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

9.

Access and circulation plan:

i.

All private schools, universities and colleges shall have frontage on a street classified in the Transportation Master Plan as a minor collector or greater.

ii.

Side street access to a local collector residential street is prohibited when the number of students allowed to attend the school is greater than two hundred fifty (250).

iii.

A drop off area shall be provided that accommodates a minimum of five (5) cars at one (1) time.

iv.

The applicant shall submit a circulation plan to ensure minimal conflicts between the student drop-off area(s), potential van and bus drop-off area(s), parking, access driveway(s), pedestrian paths, and bicycle paths on site.

10.

Operations:

i.

No outdoor activities shall be permitted after 8:00 p.m. unless otherwise approved through a special event permit.

ii.

Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall be setback fifty (50) feet from the property line (including right-of-way width) of any property with a zoning of any single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

iii.

Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall be setback twenty-five (25) feet from the property line (including right-of-way width) of any property with a zoning of Two-family Residential (R-2), Medium Density Residential (R-3), Townhouse Residential (R-4), Resort/Townhouse Residential (R-4R), Multiple-family Residential (R-5), or Manufactured Home (M-H).

[iv.]

All playgrounds and outdoor activity areas shall be screened from any residential district shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. by a minimum six-foot high screen wall and/or landscape screen, as approved by the Development Review Board.

11.

Building design: All buildings shall be designed to be compatible with the surrounding residential neighborhood, subject to review and approval by the Development Review Board.

I.

Gas station.

1.

The application shall include detailed landscape plans showing plant, type, size and spacing. All landscape plans shall include an automated watering system. Planting areas shall cover a minimum of five (5) percent of the lot area and may be required to cover as much as twenty (20) percent of the site, depending upon site size. All trees planted shall have a minimum caliper of two (2) inches and all shrubs shall be at least five-gallon size. Lack of care and maintenance of the landscaped areas is cause for revoking the Conditional Use Permit.

2.

All structures approved under this Conditional Use Permit shall be of a unique design appropriate for the area in which they are to be constructed. All canopies shall be connected to the roof of the main structure unless otherwise approved. Renderings of any buildings shall accompany each application and construction shall be in reasonable conformity thereto.

3.

All sources of artificial light shall be concealed and attached to the main structure, unless otherwise approved. All lighting shall be designed to minimize glare.

4.

The minimum area of a parcel, exclusive of street dedication, shall be twenty-two thousand five hundred (22,500) square feet.

5.

A solid masonry wall or planting screen is required between all gas station sites and a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. The wall height shall be as determined in each case based on the site and surrounding property contextual relationships.

J.

Hospital.

1.

The application shall include written proof the proposal meets all state and county regulations.

2.

Building height (excluding rooftop appurtenances). Maximum: seventy-five (75) feet.

3.

Required open space.

a.

Minimum open space: 0.24 multiplied by the net lot area, distributed as follows.

i.

Frontage open space minimum: 0.75 multiplied by the minimum open space, except as follows:

(1)

Minimum: thirty (30) square feet per one (1) linear foot of public street frontage.

(2)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

ii.

The remainder of the minimum open space, less the frontage open space, shall be provided as common open space.

4.

Yards. When the height of the building exceeds sixty (60) feet the following yard requirements shall apply. If building height is less than sixty (60) feet the district yard requirements shall apply.

a.

Side Yard.

i.

A side yard of not less than 100 feet shall be maintained where the side of the lot abuts a single-family residential district, or abuts an alley which is adjacent to a single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential district comparable to the residential districts shown on Table 4.100.A. The 100 feet may include the width of the alley.

ii.

A side yard of not less than seventy-five (75) feet shall be maintained where the side lot abuts a multiple-family residential district. The seventy-five (75) feet may include any alley adjacent to the multiple-family residential district.

b.

Rear Yard.

i.

A rear yard of not less than one hundred (100) feet shall be maintained where the rear lot abuts a single-family residential district, or abuts an alley which is adjacent to the single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential district comparable to the residential districts shown on Table 4.100.A. The one hundred (100) feet may include the width of the alley.

ii.

A rear yard of not less than seventy-five (75) feet shall be maintained where the rear lot abuts a multiple-family residential district or abuts an alley which is adjacent to the multiple-family residential district. The seventy-five (75) feet may include the width of the alley.

K.

Live entertainment.

1.

The applicant has provided and obtained City approval of a written Security and Maintenance Plan.

2.

The applicant has provided written evidence that sound resulting from indoor live entertainment will be contained within the building, except where external speakers are permitted by Conditional Use Permit to allow indoor live entertainment to be heard outdoors.

3.

The applicant has provided a lighting plan that addresses exterior lighting on the property, in accordance with Article VII. of the Zoning Ordinance and the Security and Maintenance Plan requirements.

4.

The applicant has provided a floor plan which identifies the areas for the primary use and for accessory functions, including but not limited to areas for performances.

5.

If the establishment is not in the Old Town Area, and access to the establishment is from a street other than one classified by the Transportation Master Plan as minor collector or greater, the applicant shall provide a traffic analysis which complies with the City's transportation guidelines. The traffic analysis shall demonstrate that the level of service on all streets accessed by the use meets the City's standards.

6.

If the Zoning Administrator determines that a parking study is necessary the applicant shall provide a study which complies with the City's requirements.

7.

The owner shall provide any additional information required by the Zoning Administrator to evaluate the impacts of the proposed use upon the area.

8.

All building openings such as doors, windows and movable wall panels shall be closed but not locked, except as permitted by Conditional Use Permit. Doors and service windows may be opened temporarily to allow passage.

9.

No external speakers used for live entertainment or outdoor live entertainment activities will be permitted on the premises of a use, which is located within five hundred (500) feet of a residential district shown on Table 4.100.A.

10.

The owner and operator shall comply with all plans approved as part of the Conditional Use Permit.

11.

All patron entrances shall be illuminated in accordance with the Building Code and the exterior lighting plans approved by the Development Review Board.

12.

Noise generated from the live entertainment shall conform to the City's Noise Ordinance.

L.

Medical marijuana caregiver cultivation.

1.

All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended.

2.

The medical marijuana caregiver cultivation use is at least one thousand five hundred (1,500) feet from the following uses within the City limits:

a.

Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., and

b.

Any Educational service, elementary and secondary school.

c.

Any Place of worship.

d.

Any Day care.

e.

Any City park or park.

3.

The medical marijuana caregiver cultivation use is at least two thousand six hundred forty (2,640) feet from the following uses within the City limits:

a.

Another medical marijuana caregiver cultivation use, or

b.

Any marijuana use.

However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use and a marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization.

4.

All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above.

5.

The property owner has provided a written exterior refuse control plan, subject to City approval.

6.

The property owner has provided a written public safety plan, subject to City approval.

M.

Marijuana use.

1.

Active Permitted Uses Existing as of September 30, 2016. Active Marijuana uses legally established and operating under a valid Conditional Use Permit before September 30, 2016, including extensions, renewals, and amendments to existing approvals, shall be subject to the following conditions:

a.

A marijuana operation for recreational purposes is only permitted in establishments that hold both a valid non-profit medical marijuana dispensary registration and a marijuana establishment license.

b.

All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended.

c.

The marijuana use is at least five hundred (500) feet from the following uses within the City limits:

(1)

Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., and

(2)

Any Educational service, elementary or secondary school.

d.

The marijuana use is at least one thousand three hundred twenty (1,320) feet from the following uses within the City limits:

(1)

Medical marijuana caregiver cultivation use, or

(2)

Another marijuana use.

However, no separation between these uses is required in the Industrial Park District I-1 where a medical marijuana caregiver cultivation use and a marijuana use hold a state issued caregiver registry identification card and/or a nonprofit medical marijuana dispensary registration certificate under the same name or organization.

e.

All distances are measured from the wall of the marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above.

f.

The property owner has provided a written exterior refuse control plan, subject to City approval.

g.

The property owner has provided a written public safety plan, subject to City approval.

h.

The hours of operation for a marijuana use that provides, shares, exchanges, sells, or dispenses marijuana are no earlier than 6:00 a.m. and no later than 10:00 p.m.

i.

There is no drive-through service, take-out window, or drive-in service.

2.

Permits Issued After September 30, 2016. Marijuana uses seeking a Conditional Use Permit after September 30, 2016, shall be subject to the following conditions:

a.

A marijuana operation for recreational purposes is only permitted in establishments that hold both a valid medical marijuana dispensary registration and a marijuana establishment license.

b.

All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended.

c.

The marijuana use is at least one thousand five hundred (1,500) feet from the following uses within the City limits:

(1)

Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

(2)

Any Educational service, elementary and secondary school.

(3)

Any Place of worship.

(4)

Any Day care.

(5)

Any City park or park.

d.

The marijuana use is at least two thousand six hundred forty (2,640) feet from the following uses within the City limits:

(1)

Medical marijuana caregiver cultivation use, or

(2)

Another marijuana use.

However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use or a marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization.

e.

All distances are measured from the wall of the marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above.

f.

The property owner has provided a written exterior refuse control plan, subject to City approval.

g.

The property owner has provided a written public safety plan, subject to City approval.

h.

The hours of operation for a marijuana use that provides, shares, exchanges, sells, or dispenses marijuana are no earlier than 6:00 a.m. and no later than 10:00 p.m.

i.

There is no drive-through service, take-out window, or drive-in service.

N.

Plant nursery.

1.

The site plan shall indicate all areas of outdoor display of plant and nonplant materials.

2.

No bulk storage of planting materials shall be allowed on site. All outdoor storage shall be located at the rear of the site and be totally screened by a minimum six-foot high solid masonry wall.

3.

Truck loading/unloading areas shall be screened from street views.

4.

Large trucks and tractors shall not be allowed on site except for the purpose of transporting vegetation to and from the nursery site.

5.

Outdoor public address systems shall not be allowed.

6.

Only low-level lighting shall be allowed.

7.

Bulk trash containers shall not be allowed on site.

O.

Ranch.

1.

The minimum property shall be five (5) acres gross.

2.

Structures or facilities used for the stabling, storing, showing or training of animals and for temporary manure storage shall be set back a minimum of fifty (50) feet from any single-family residential property other than those zoned Single-family Residential R1-190 and Single-family Residential R1-130. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasturage may occur within the fifty-foot setback area subject to the setback requirements of the applicable zoning district.

3.

The front yard shall be that of the applicable zoning district or forty (40) feet, whichever is greater.

4.

There shall be no shows or other activities which would generate more traffic than is normal to a residential area unless the proposed site has direct access from a major street as set forth in the Transportation Master Plan and the Design Standards & Policies Manual. Permission for such shows may be obtained from City Council. Notification shall be provided in a letter that explains the nature and duration of the activity, accommodations for spectators, traffic impacts and additional parking for vehicles. This letter shall be submitted to the City Clerk at least one (1) month prior to the date of the show or activity.

5.

All pasture and animal storage shall be enclosed with fences or walls of a minimum of four (4) feet six (6) inches in height. The design of these enclosures shall be shown on drawings submitted with the use permit application.

6.

The property owner shall provide a specific plan which includes the physical containment and location for manure storage and/or a disposal program which minimizes odor and fly impacts on adjacent parcels. The spreading and tilling of manure into the soil of paddock, pasture or arena areas may be considered manure disposal.

7.

The property owner shall provide a specific program for fly control in barn and stable areas which minimizes the attraction to and successful breeding of flies.

8.

All laws applicable to the public health must be complied with for the entire period of operation of the ranch.

9.

All activity and pasture areas shall be grassed, sprinklered, or treated with regularly tilled high organic soil mix for dust suppression.

10.

Upon revocation of the use permit or abandonment of the ranch operation any accessory residential structures shall be removed.

P.

Residential health care facility.

1.

Specialized residential health care facilities, without Downtown District zoning.

a.

The number of beds shall not exceed eighty (80) per acre of gross lot area.

b.

Required open space.

i.

Minimum open space: 0.24 multiplied by the net lot area distributed as follows.

(1)

Frontage open space minimum: 0.50 multiplied by the total open space, except as follows:

(A)

Minimum: twenty (20) square feet per one (1) linear foot of public street frontage.

(B)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

(2)

The remainder of the minimum open space, less the frontage open space, shall be provided as common open space.

c.

The site shall be designed, to the maximum extent feasible, so that on-site parking is oriented to the building(s) to provide convenient pedestrian access for residents, guests, and visitors.

2.

Specialized residential health care facilities, with the Downtown District zoning.

a.

The number of beds shall not exceed one hundred (100) per acre of gross lot area.

3.

Minimal residential health care facilities, without Downtown District zoning.

a.

Minimum gross lot area: one (1) acre.

b.

The number of units shall not exceed forty (40) dwelling units acre of gross lot area.

c.

Required open space.

i.

Minimum open space: 0.24 multiplied by the net lot area distributed as follows.

(1)

Frontage open space minimum: 0.50 multiplied by the total open space, except as follows:

(A)

Minimum: twenty (20) square feet per one (1) linear foot of public street frontage.

(B)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

(2)

The remainder of the minimum open space, less the frontage open space, shall be provided as common open space.

d.

The site shall be designed, to the maximum extent feasible, so that on-site parking is oriented to the building(s) to provide convenient pedestrian access for residents, guests, and visitors.

4.

Minimal residential health care facilities, with Downtown District zoning.

a.

Minimum gross lot area: one (1) acre.

b.

The number of units shall not exceed fifty (50) dwelling units per acre of gross lot area.

Q.

Seasonal art festival.

1.

The minimum lot area shall be five (5) gross acres in the Resort/Townhouse Residential R-4R, Central Business C-2, Regional Shopping Center C-S, General Commercial C-4, and Planned Community Center PCC districts and shall be two and one-half (2½) acres in the Planned Regional Center PRC and Downtown D districts.

2.

In no case shall the gross floor area of all structures exceed the amount equal to 0.60 multiplied by net lot area in square feet.

3.

Volume is limited to the net lot area in square feet multiplied by nine (9) feet for any building.

4.

Required open space:

a.

Minimum: 0.20 multiplied by the net lot area.

b.

Additional open space requirements shall be determined by the Development Review Board.

5.

No structure shall exceed thirty-six (36) feet in height.

6.

Yards.

a.

Front yard.

i.

A front yard of not less than fifty (50) feet shall be maintained where the front of the lot abuts an expressway or a major arterial.

ii.

A front yard of not less than thirty (30) feet shall be maintained where the front of the lot abuts a minor arterial or less heavily traveled street.

iii.

There shall be a landscape screen as determined by Development Review Board approval.

b.

Side yard.

i.

A side yard of not less than thirty (30) feet shall be maintained where the side of the lot abuts a minor arterial or less heavily traveled street.

ii.

A side yard of not less than fifty (50) feet shall be maintained where the rear of a lot abuts a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

iii.

There shall be a landscape screen as determined by Development Review Board approval.

c.

A rear yard of not less than fifty (50) feet shall be maintained where the side of a lot abuts a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

d.

Operations and storage shall normally be conducted within an area contained by a temporary or permanent security fence which is screened by landscaping as described in paragraphs a.3. and b.3. preceding and as determined by Development Review Board approval or conditioned by use permit approval.

7.

Parking improvements.

a.

Dustproofed parking areas may be approved pursuant to Article IX.

8.

The arts and crafts displayed must be original work produced by the artists represented or reproductions of the original work of those artists.

9.

One (1) legal organization shall be responsible for sales and the collection of sales tax.

10.

The property owner shall create a written fire safety plan for approval by the City.

11.

Within two (2) weeks of the closing of the business for that season all temporary structures will be removed and the site will be returned to essentially an original appearance.

12.

Food service, if any, shall be provided by qualified concessionaires and will meet all health and sanitation standards established by the appropriate governmental authorities.

13.

Adequate restroom facilities shall be provided.

14.

The grounds, parking lot and yards shall be maintained in a clean and neat condition at all times. Trash receptacles shall be available throughout the grounds and all trash containers shall be screened from off-site view.

15.

Entertainment, if any, shall not create noise levels in excess of ambient noise levels or fifty (50) DB, whichever is greater, measured at the property line.

16.

The granting of a use permit shall not produce an incremental or cumulative effect of similar uses which would be detrimental to the city.

17.

On-site restrooms, offices and maintenance facilities shall be housed in permanent structures if the festival(s) occupies a site for more than two hundred seventy (270) days in any three-year period.

R.

Teen dance center.

1.

No teen dance center shall be located within three hundred (300) feet of an establishment selling packaged spirituous liquors.

2.

No portion of a teen dance center shall at any time be illuminated with lighting of less than two (2) footcandles per square foot. This requirement shall apply to parking areas and any other outdoor areas related to the dancing operation.

3.

The property owner shall create a written security plan for approval by the City.

4.

No disorderly or boisterous person or any person using spirituous liquors or illegal drugs shall be permitted to enter the premises or remain on the premises.

5.

A patron who leaves that portion of the premises in which the dancing operation is contained shall not be readmitted without paying a separate fee for readmission.

6.

A teen dance center shall not operate without a valid business license.

S.

Tennis club.

1.

The minimum property size shall be three (3) acres.

2.

If courts are lighted, lighting standards shall not exceed thirty (30) feet in height. Lighting shall be placed and shielded so as not to be detrimental to adjoining properties.

3.

Fencing of courts shall not exceed twelve (12) feet in height and may be required to be opaque by the City Council.

4.

There shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Transportation Master Plan and the Design Standards & Policies Manual. Permission for such shows and activities may be obtained from the City Council. Permission shall be requested in a letter that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic. This letter shall be submitted to the City Clerk at least one (1) week prior to the hearing at which consideration is desired.

5.

There shall be a minimum fifty-foot wide landscape area adjacent to any residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. The City Council may approve an alternative landscape area.

6.

Development review approval shall be obtained for all structures.

7.

Hours of operation may be controlled by the City Council.

8.

Perimeter fencing of the site may be required by the City Council.

T.

Vehicle leasing, rental or sales.

1.

Required parking shall not be used for vehicle display or storage.

U.

Vehicle repair.

1.

All repairs shall be performed within an enclosed building.

2.

Vehicles may only enter the rear of the building, except vehicles may enter the side of the building if the lot is:

a.

A corner lot,

b.

A lot abutting a residential district shown on Table 4.100.A.,

c.

A lot abutting the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., or

d.

Separated by an alley from one (1) of the districts set forth in subsection 2.b. or 2.c. above.

3.

If the lots meets any requirement of subsection 2. above, and side entry bays are proposed, the side entry repair bays shall be screened from street views by solid masonry walls, and the landscape plan shall demonstrate to the Development Review Board's satisfaction, that the proposed screening does not impact the streetscape by exposing repair bays, unassembled vehicles, vehicle repair activities, or vehicle parts.

4.

All vehicles awaiting repair shall be screened from view by a masonry wall or landscape screen.

5.

Required parking shall not be used for vehicle storage.

V.

Wireless communications facility (WCF) Type 4.

1.

All use permits shall be granted for a maximum of five (5) years from the date of City Council approval. The applicant shall be responsible for initiating a review of the approved wireless facility and shall demonstrate that changes in technology, that are economically feasible, have not eliminated the need for the use permit. If a new use permit is not granted, the applicant shall be responsible for the removal of the facility. When a use permit is granted for a co-location on a facility with an existing use permit, the action of granting the new use permit shall extend the existing use permit so that they will expire simultaneously.

2.

To the degree a proposed WCF meets height requirements set forth in this ordinance, no use permit shall be granted when heights are found to be intrusive, obtrusive or out of character with the surrounding area.

3.

Antennas and pole diameters shall be harmonious with the existing context and not be intrusive or obtrusive on the landscape or views.

4.

The shape of the WCF shall blend with other similar vertical objects and not be intrusive in its setting or obtrusive to views.

5.

The WCF shall blend into its setting and, to the extent that it is visible, not be intrusive on the landscape or obtrusive on views.

(Ord. No. 1841, § 1, 10-15-85; Ord. No. 1851, § 1, 11-5-85; Ord. No. 1876, § 1, 1-21-86; Ord. No. 1902, § 1, 9-2-86; Ord. No. 1971, § 1, 8-4-87; Ord. No. 2266, § 1, 11-21-89; Ord. No. 2311, § 1, 8-21-90; Ord. No. 2420, § 1, 12-17-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2526, § 1, 3-16-93; Ord. No. 2586, § 1, 8-3-93; Ord. No. 2620, § 1, 8-2-94; Ord. No. 2830, § 1, 10-17-95; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 1, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3394, 6-19-01; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3542, § 1, 12-9-03; Ord. No. 3879, § 1(Exh. §§ 1—3), 3-2-10; Ord. No. 3920, § 1(Exh. §§ 7—14), 11-9-10; Ord. No. 3923, § 1(Exh. § 1), 1-25-11; Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 1), 12-6-11; Ord. No. 3982, § 1(Res. No. 8902, Exh. A, § 1), 1-10-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 1—10), 4-3-12; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, §§ 1—3), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, §§ 1, 2), 6-18-13; Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 1), 1-14-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 16—26), 5-6-14; Ord. No. 4213, § 1, 6-2-15; Ord. No. 4271, §§ 1, 2, 8-31-16; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 2)), 11-13-18; Ord. No. 4463, § 1(Exh. A), 9-22-20; Ord. No. 4503, § 1(Res. No. 12191, § 1, Exh. 1), 6-8-21; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 1)), 2-20-24)

Prior to City Council approval, the Development Review Board and Planning Commission shall review and make a recommendation to the City Council regarding a proposed municipal use master site plan for any site larger than one (1) acre of gross lot area.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 4), 11-14-12)

The City Council may hold a public hearing concerning the master site plan for any proposed municipal use upon finding that the proposed master site plan is potentially detrimental to adjacent property, or upon finding that the proposed municipal use is of general community interest, pursuant to Section 1.702.

(Ord. No. 2830, § 1, 10-17-95)

The Planning Commission shall hold public hearings as required by law and make recommendations to the City Council on all matters concerning or relating to General Plan amendments, zoning district map amendments, Zoning Ordinance text amendments, conditional use permits, municipal use master site plans and abandonments and any other matters within the scope of the planning and zoning powers available to cities in Arizona. The Planning Commission acts as an advisory board to the City Council on land use and zoning matters. The Planning Commission is also authorized to confer with other advisory commissions.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 27), 5-6-14)

There is hereby created a Planning Commission.

A.

The Planning Commission shall consist of seven (7) members who shall be appointed by the City Council. The length of term and other conditions of appointment are set forth in Section 2-241 of the Scottsdale Revised Code. The members of the Planning Commission shall serve without compensation.

B.

The Planning Commission may adopt rules and by-laws as it deems necessary for matters relative to its work and administration of its duties.

(Ord. No. 2830, § 1, 10-17-95)

Charter reference— Boards, commissions, etc., art. 5, § 1 et seq.

The Planning Commission shall elect its own chairman and vice-chairman. The secretary to the Zoning Administrator shall serve as the secretary of the Planning Commission. The Zoning Administrator shall sign all reports and recommendations to the City Council and, when desired, furnish the council with the facts as to the adoption of any such report or recommendation and particularly with reference to the number of members of the Planning Commission who participated at the meeting at which any such report or recommendation was authorized, and such other information as to the work of the Planning Commission as the City Council may request.

(Ord. No. 2830, § 1, 10-17-95)

All development applications for General Plan amendments, zoning district map amendments, Zoning Ordinance text amendments, conditional use permits, municipal use master site plans and abandonments shall first be submitted to the Planning Commission. The Planning Commission shall hold a public hearing in relation to the proposed development application at which citizens shall have an opportunity to be heard. The Planning Commission shall then make a recommendation to the City Council.

The City Council or City Manager may submit other proposed city policies related to the General Plan to the Planning Commission on which to hold a public hearing and to make a recommendation to the City Council.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 28), 5-6-14)

The notice of Planning Commission meetings shall include the date, time and place of the meeting, general explanations of the matters to be considered and general descriptions of the areas affected. Such notice shall be given at least fifteen (15) days before the hearing in the following manner:

A.

The notice shall be published at least once in a newspaper of general circulation published or circulated in the City of Scottsdale. If there is no such newspaper, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten (10) public places in the municipality. A posted notice shall be printed so that the following are visible from a distance of one hundred (100) feet: The word "zoning", the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.

B.

In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. In addition to notice of publication, the city may give notice of the hearing in such other manner as it may deem necessary or desirable.

C.

In proceedings that are not initiated by the property owner involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred (300) feet of the property, to be rezoned.

D.

In proceedings involving one (1) or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph E. of this Section 1.605:

(1)

A ten (10) percent or more increase or decrease in the number of square feet or units that may be developed.

(2)

A ten (10) percent or more increase or reduction in the allowable height of buildings.

(3)

An increase or reduction in the allowable number of stories of buildings.

(4)

A ten (10) percent or more increase or decrease in setback or open space requirements.

(5)

An increase or reduction in permitted uses.

E.

In proceedings governed by paragraph D. of this section, the city shall provide notice to property owners pursuant to at least one (1) of the following notification procedures:

(1)

Notice shall be sent by first class mail to each property owner, as shown on the last assessment, whose real property is directly governed by the changes.

(2)

If the city issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of such changes with such utility bills or other mailings.

(3)

The city shall publish such requested changes prior to the first hearing on such changes in a newspaper of general circulation in the city. The changes shall be published in a "display ad" covering not less than one-eighth (⅛) of a full page.

F.

If notice is provided pursuant to subparagraphs (2) or (3) of paragraph E., the city shall also send notice by first class mail to persons who register their names and addresses with the city as being interested in receiving such notice. The city may charge a fee in conformance with state law for providing this service.

G.

Notwithstanding the notice requirements set forth in paragraph E. of this section the failure of any person or organization to receive notice shall not constitute grounds for any court to invalidate the actions of the city for which the notice as given.

(Ord. No. 2292, 6-5-90; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3225, §§ 1—4, 5-4-99; Ord. No. 3378, § 1, 6-4-01; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 29—31), 5-6-14)

The Planning Commission shall hold at least one (1) public hearing before making a recommendation on a General Plan or any amendment to such plan. When the initial General Plan or any major amendment to an existing General Plan is being considered, the Planning Commission shall hold two (2) or more public hearings at different locations within the city. Notice of the time and place of a hearing and availability of studies and summaries related thereto shall be given at least fifteen (15) and not more than thirty (30) calendar days before the hearing by:

A.

Publication at least once in a newspaper of general circulation published or circulated in the city, or if there is none, the notice shall be posted in at least ten (10) public places in the city.

B.

Such other manner in addition to publication as the city may deem necessary or desirable.

(Ord. No. 2830, § 1, 10-17-95)

Upon completion of the public hearing on a development application, the Planning Commission shall within fifteen (15) days of its public hearing transmit a copy of its findings and recommendations to the applicant and the City Council. The report of the Planning Commission shall be numbered consecutively in the order of filing and become a permanent record of the Planning Commission and the City Clerk.

A.

The findings of the Planning Commission on a zoning district map amendment shall include a determination that the proposed zoning district map amendment is consistent with the adopted General Plan.

B.

The findings of the Planning Commission on a conditional use permit shall be pursuant to Section 1.401.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 32), 5-6-14)

The Planning Commission shall report to the City Council on development applications within ninety (90) days after the filing of the application. The reports shall be a recommendation of approval, denial or continuance. If after twelve (12) months after the filing of the application the Planning Commission has not forwarded a recommendation for approval or denial, the City Council may direct the Planning Commission to recommend either approval or denial within a time period specified by the City Council.

(Ord. No. 2830, § 1, 10-17-95)

The City Council shall hold public hearings as required by law on all matters concerning or relating to General Plan amendments, zoning district map amendments, Zoning Ordinance text amendments, conditional use permits, conditional use permit revocations, municipal use master site plans, abandonments, and appeals from Development Review Board.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 33), 5-6-14)

A.

After the Planning Commission has held a public hearing on a zoning district map amendment, text amendment, conditional use permit, municipal use master site plans or abandonment application, the City Council may adopt the recommendation of the Planning Commission without soliciting public testimony if there is no objection, no request for public hearing, nor other protests. The City Council shall hold a second public hearing if requested by any aggrieved person, or by any member of the public.

B.

Notice of the time and place of the City Council hearing per Section 1.702.A., and for conditional use permit revocation initiation and action, shall be given in the time and manner provided for notice of the hearing by the Planning Commission pursuant to Section 1.605. In addition, the city may give notice of the hearing in such other manner as it may deem necessary or desirable.

C.

The City Council shall hold at least one (1) public hearing before adopting the General Plan or any General Plan amendment. Notice of the time and place of the hearing shall be given in the time and manner provided for notice of the hearing by the Planning Commission pursuant to Section 1.606.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 34), 5-6-14)

Following the conclusion of the public hearing before the City Council upon any development application, the City Council may approve, deny or continue a development application. The City Council may place such additional conditions on the approval of a development application as it deems necessary to carry out the provisions and intent of this Zoning Ordinance. These conditions may include limitations on the length of time of the approval for conditional uses.

(Ord. No. 2552, § 1, 4-20-93; Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 35), 5-6-14)

If the City Council approves an amendment to the zoning district map conditioned upon a time schedule for issuance of a building permit for the specific use(s) or for the dedication of rights-of-way or for any other specific requirement and the condition has not been satisfied within the specified time period, the following actions may be initiated.

A.

The City Council or Planning Commission may initiate an application to amend or remove the time condition, or

B.

The City Council or Planning Commission may initiate an application to revert the zoning to its former classification, or

C.

The property owner may initiate an application to amend or remove the time condition.

The application shall be processed pursuant to the notice and hearing procedures set forth in Sections 1.605 and 1.702 of this Zoning Ordinance.

All stipulations of zoning district map amendments shall be enforced pursuant to Section 1.201.

(Ord. No. 2800, § 1, 7-18-95; Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 36), 5-6-14)

If a development application is denied by the City Council or that the application is withdrawn after the Planning Commission hearing, the Planning Commission shall have the authority to refuse to accept another development application for the same proposal within a year of the original hearing.

(Ord. No. 2830, § 1, 10-17-95)

Legal protests may be filed against a requested zoning district map amendment subject to the below requirements.

A.

The legal protest against a proposed zoning district map amendment shall be filed in writing with the City Clerk at or before 12:00 noon on the Friday preceding the City Council hearing at which the zoning district map amendment will be considered.

B.

The zoning district map amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council. If any members of the City Council are unable to vote on the zoning district map amendment because of a conflict of interest, then the required number of votes for passage of the zoning district map amendment shall be three-fourths of the remaining membership of the City Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the City Council. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. Tenths of a number ending in 4 or less shall be rounded down, and tenths of a number ending in 5 or higher shall be rounded up.

C.

A legal protest may be filed only by property owner(s) who represent the conditions outlined in Title 9, Chapter 4, Article 6.1, Section 9.462.04 of the Arizona Revised Statutes, as amended.

(Ord. No. 2495, § 1, 9-1-92; Ord. No. 2830, § 1, 10-17-95; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 37), 5-6-14; Ord. No. 4329, § 1, 12-5-17)

A.

The City Council may revoke or modify a conditional use permit upon a finding of:

1.

A material change in the conditional use without an amendment; or

2.

Material noncompliance with the conditions prescribed upon issuance of the conditional use permit or with representations by the permittee as to the nature of the conditional use to be conducted; or

3.

Operation of the conditional use in such a manner as to cause a substantial detrimental impact on the community.

B.

A revocation hearing shall be conducted by the City Council following the notice and hearing procedures of Section 1.702.

C.

The conditional use permit shall be revoked or modified if four (4) of the City Council members find that one (1) or more of conditions set forth above in paragraph A. of this section has occurred.

D.

Any person aggrieved by a decision of the City Council pursuant to this section, or any taxpayer, city officer or department affected by a decision of the Council pursuant to this section, may appeal the Council's decision to the Superior Court at any time within thirty (30) days after the Council has rendered its decision.

(Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 38), 5-6-14)

The Board of Adjustment shall hear all applications for:

A.

Variances from the provisions of this Zoning Ordinance;

B.

Appeals from the Zoning Administrator's interpretation of the Zoning Ordinance or other decisions;

C.

Requests for Disability Accommodation made pursuant to section 1.920; and

D.

Under the Land Divisions ordinance, the General Manager's interpretations and decisions made on appeals.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3314, § 1, 4-18-00; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 3788, § 1, 5-20-08; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 39), 5-6-14; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17)

There is hereby created a "Board of Adjustment".

A.

The Board shall consist of seven (7) members who shall be appointed by the City Council. The length of and other conditions of appointment are set forth in Section 2-241 of the Scottsdale Revised Code. The members of the Board of Adjustment shall serve without compensation.

B.

The Board of Adjustment may adopt rules and by-laws as it deems necessary for matters relative to its work and administrative duties.

(Ord. No. 2830, § 1, 10-17-95)

Charter reference— Boards, commissions, etc., art. 5, § 1 et seq.

Upon receipt in proper form of an application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than sixty-five (65) days, nor less than fifteen (15) days after such filing, at which time the community shall be given an opportunity to be heard. The date, time and place of the Board of Adjustment meeting shall be published in a newspaper of general circulation in the City and shall be posted on the property which is the subject of the application included in the request. Both such publication and posting shall not be less than fifteen (15) days before the hearing. The notices shall describe the nature of the requested variance, or requested appeal of the interpretation or decision.

(Ord. No. 2332, 2-5-91; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3314, § 1, 4-18-00; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Ord. No. 3788, § 2, 5-20-08; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 40), 5-6-14)

A.

A variance from the provisions of this Zoning Ordinance shall not be authorized unless the Board shall find upon sufficient evidence:

1.

That because of special circumstances applicable to the property including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district; and

2.

That the authorization of the variance is necessary for the preservation of privileges and rights enjoyed by other property of the same classification in the same zoning district, and does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

3.

That the special circumstances applicable to the property were not self-imposed or created by the property owner; and

4.

That authorization of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general.

B.

The Board of Adjustment may not make any changes in the uses permitted in any zoning classification.

C.

The Board may prescribe in connection with any variance such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Zoning Ordinance. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void.

D.

The concurring vote of a majority of all the members of the Board shall be necessary to authorize any variance from the terms and conditions of this Zoning Ordinance.

E.

A variance shall be considered void if the use has not commenced or a building permit has not been issued within one (1) year from the date of the Board of Adjustment's decision, or within any other time frame stipulated by the Board of Adjustment. Extensions of approval may be granted by the Board. Such requests for extension shall be processed as a variance request.

(Ord. No. 2830, § 1, 10-17-95; Ord. No 3314, § 1, 4-18-00; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 41), 5-6-14)

A.

The Board shall hear appeals from the:

(1)

Zoning Administrator's interpretation of the Zoning Ordinance or other decisions; and

(2)

Under the Land Divisions ordinance, the General Manager's interpretations and decisions made on appeals.

The Board of Adjustment shall determine those matters over which it has jurisdiction.

B.

An appeal shall stay all proceedings in the matter appealed from, unless the person from whom the appeal is taken certifies in writing to the Board the stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or by a court of record on application and notice to the person from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof.

C.

An appeal hearing pursuant to this subsection shall be conducted by the Board of Adjustment following the notice and hearing procedures of section 1.803, except posting on the subject property is not required when no specific property is at issue.

D.

The Board shall determine whether:

(1)

The Zoning Administrator's interpretation of the Zoning Ordinance or other decision is arbitrary, capricious or an abuse of discretion; or

(2)

Under the Land Divisions ordinance, the General Manager's interpretation or decision on an appeal is arbitrary, capricious or an abuse of discretion.

E.

A concurring vote of a majority of all the members of the Board shall be necessary to reverse an interpretation or a decision on appeals. Unless a majority of the board affirmatively votes to reverse the interpretation or decision, the decision of the Board shall be to uphold the interpretation or decision.

F.

The decision of the Board of Adjustment may be appealed as provided in section 1.806 of this Zoning Ordinance.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3314, § 1, 4-18-00; Ord. No. 3788, § 3, 5-20-08; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 42, 43), 5-6-14)

A.

A disability accommodation from a development standard or separation requirement shall not be authorized unless the Board finds, upon sufficient evidence, all of the following:

1.

The requested accommodation is requested by or on the behalf of one (1) or more individuals with a disability protected under federal and Arizona fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.);

2.

The requested accommodation is reasonably necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling;

3.

The requested accommodation does not fundamentally alter the nature and purpose of the Zoning Ordinance of the City of Scottsdale;

4.

The requested accommodation will not impose an undue financial or administrative burden on the City, as "undue financial or administrative burden" is defined in federal and Arizona fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.) and interpretive case law;

B.

The requested accommodation must not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4657, § 1(Exh. 1), 10-22-24)

Any person aggrieved by a decision of the Board of Adjustment, or any taxpayer, city officer or department affected by a decision of the Board, may appeal the Board's decision to the Superior Court at any time within thirty (30) days after the Board has rendered its decision.

(Ord. No. 2332, 2-5-91; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3314, § 1, 4-18-00; Ord. No. 3457, § 1(Exh. 1), 6-18-02; Res. No. 10963, § 1(Exh. A), 12-5-17)

Editor's note— Res. No. 10963, § 1(Exh. A), adopted Dec. 5, 2017, renumbered § 1.806 as 1.807.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 5), 11-14-12)

The purpose of the Development Review Board is to review all aspects of the proposed design of a development including, but not limited to, site planning and the relationship of the development to the surrounding environment and the community, guided by the Development Review Board criteria. In addition, Development Review Board establishes design policies and guidelines that support the character and design goals and policies of the General Plan. The Development Review Board recognizes the interdependence of land values, aesthetics and good site planning, for it is a well-known fact that Scottsdale's economic and environmental well-being depends a great deal upon the distinctive character and natural attractiveness which contribute substantially to its potential as a recreational resort area and regional trade center. Development review is intended to enrich the lives of all the citizens of Scottsdale by promoting harmonious, safe, attractive and compatible development, and is therefore considered to be in furtherance of public health, safety and general welfare.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 1), 11-19-13; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

The Development Review Board has authority to:

1.

Approve, approve with stipulations, or deny:

a.

Applications for development review;

b.

Development standard modifications only as set forth in the districts where the Development Review Board is specifically authorized;

c.

Applications for the location of artwork provided in accordance with the Cultural Improvement Program or Public Art Program;

2.

Make recommendations to the Planning Commission or City Council on:

a.

Municipal use master site plans;

b.

Design components of development plans associated with an application for a zoning district map amendment or Conditional Use Permit;

3.

Adopt by resolution:

a.

Design policies and guidelines that support the character and design goals and policies of the General Plan;

b.

The Design Standards and Policies Manual; and

4.

Hear appeals from the administrative design decisions of the Zoning Administrator's approval of a minor development application.

B.

The Development Review Board may impose reasonable stipulations. Violation of any such stipulations shall be a violation of this Zoning Ordinance.

C.

The Development Review Board may continue any matter to a later date.

D.

Unless otherwise provided, all development is subject to Development Review Board approval.

E.

The Development Review Board does not have authority to:

1.

Interpret, or grant variances from, the provisions of the Zoning Ordinance or the Scottsdale Revised Code, or

2.

Review the design of a detached single-family dwelling and associated accessory structures.

(Ord. No. 2301, § 1, 7-17-90; Ord. No. 2305, § 1, 2-19-91; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3395, § 1, 12-11-01; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 6), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 44), 5-6-14; Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 3), 8-25-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

There is hereby created a Development Review Board.

1.

The Development Review Board shall consist of seven members. The membership shall consist of:

a.

A City Council member;

b.

A Planning Commission member; and

c.

Five public members, three of whom shall be architects, landscape architects, environmental scientists or persons otherwise qualified by design background training or experience; and two of whom shall be land developers, builders, or contractors.

2.

The City Council member and the Planning Commission member shall serve three-month revolving terms. The City Council shall appoint the other five members, who shall serve without compensation. The length and term and other conditions of appointment are set forth in the Scottsdale Revised Code.

3.

The Development Review Board may adopt by-laws and rules that are consistent with the Scottsdale Revised Code as it deems necessary for matters relative to its work and administration of its duties.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 7), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 45), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

Charter reference— Boards, commissions, etc., art. 5, § 1 et seq.

A.

In considering any application for development, the Development Review Board shall be guided by the following criteria:

1.

The Board shall examine the design and theme of the application for consistency with the design and character components of the applicable guidelines, development standards, Design Standards and Policies Manual, master plans, character plan and General Plan.

2.

The architectural character, landscaping and site design of the proposed development shall:

a.

Promote a desirable relationship of structures to one another, to open spaces and topography, both on the site and in the surrounding neighborhood;

b.

Avoid excessive variety and monotonous repetition;

c.

Recognize the unique climatic and other environmental factors of this region to respond to the Sonoran Desert environment, as specified in the Sensitive Design Principles;

d.

Conform to the recommendations and guidelines in the Environmentally Sensitive Lands (ESL) Ordinance, in the ESL Overlay District; and

e.

Incorporate unique or characteristic architectural features, including building height, size, shape, color, texture, setback or architectural details, in the Historic Property Overlay District.

3.

Ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways shall be so designed as to promote safety and convenience.

4.

If provided, mechanical equipment, appurtenances and utilities, and their associated screening shall be integral to the building design.

5.

Within the Old Town Area, building and site design shall:

a.

Demonstrate conformance with the Old Town Scottsdale Urban Design & Architectural Guidelines and the design objectives for Old Town Scottsdale;

b.

Incorporate urban and architectural design that address human scale and incorporate pedestrian-oriented environment at the street level;

c.

Reflect contemporary and historic interpretations of Sonoran Desert architectural traditions, by subdividing the overall massing into smaller elements, expressing small scale details, and recessing fenestrations;

d.

Reflect the design features and materials of the urban neighborhoods in which the development is located; and

e.

Incorporate enhanced design and aesthetics of building mass, height, materials, and intensity with transitions between adjacent/abutting Type 1 and Type 2, Type 2.5 or Type 3 Areas, and adjacent/abutting Type 2, Type 2.5 or Type 3 Areas and existing development outside the Old Town Area.

6.

The location of artwork provided in accordance with the Cultural Improvement Program or Public Art Program shall address the following criteria:

a.

Accessibility to the public;

b.

Location near pedestrian circulation routes consistent with existing or future development or natural features;

c.

Location near the primary pedestrian or vehicular entrance of a development;

d.

Location in conformance with the Design Standards and Policies Manual for locations affecting existing utilities, public utility easements, and vehicular sight distance requirements; and

e.

Location in conformance to standards for public safety.

B.

The property owner shall address all applicable criteria in this section.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3395, § 1, 12-11-01; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 8), 11-14-12; Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 2), 11-19-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 46), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

The Development Review Board may approve, or approve with stipulations, a development application or portion thereof, if it finds the development application complies with the criteria in this Article and applicable design components of the character plans, master plans, design guidelines and the Design Standards and Policies Manual.

B.

The Development Review Board may deny a total development, or a portion of a development if it finds that the development application fails to comply with the criteria in this Article or applicable design components of the General Plan, character plans, master plans, design guidelines or the Design Standards and Policies Manual.

C.

The Development Review Board may approve, approve with stipulations, or deny the location of artwork that is provided in accordance with the Cultural Improvement Program or Public Art Program, if it finds the location addresses the criteria in this Article.

(Ord. No. 1950, § 1, 7-6-87; Ord. No. 2034, § 1, 7-19-88; Ord. No. 2287, § 1, 6-5-90; Ord. No. 2301, § 1, 7-17-90; Ord. No. 2663, § 1, 6-6-94; Ord. No. 2830, § 1, 10-17-95; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 9), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

In addition to the findings of Section 1.905. for all development in the Old Town Area, the Development Review Board may approve, or approve with stipulations, a development or portion thereof, if it finds that the development application:

1.

Is in substantial conformance with the applicable design components of the Old Town Plan and Old Town Scottsdale Urban Design & Architectural Guidelines; and

2.

Incorporates building(s) compatible with the urban form, human scale, design features, and materials of the urban neighborhoods within which the development is located; and

3.

Incorporates site design elements, within the design of public and primary pedestrian access areas, that promote pedestrian character and comfort through the use of microclimatic design, and shade, that is appropriate for the Sonoran Desert climate.

B.

In addition to the findings of Section 1.906.A. for all development within the Old Town Area, the Development Review Board may approve, or approve with stipulations, a development or portion thereof, if it finds that the development application offers sensitive architectural, site, and landscape design solutions to address transitions of building mass, height, intensity and complementary material to adjacent/abutting properties and properties beyond the Old Town Boundary, for:

1.

Development within one hundred (100) feet of a property within a Old Town Plan Type 1 Area, and

2.

Development within three hundred fifty (350) feet of a property beyond the Old Town Boundary.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 10), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

The Development Review Board's decision shall be final unless:

1.

Within 30 days after the Board's decision, the property owner submits to the City Clerk a written appeal of the Board's decision; or

2.

At the next regularly-scheduled City Council meeting at least 15 days after the Board's decision, the City Council votes to review the Board's decision.

B.

The property owner's appeal of the Development Review Board decision shall include a statement of the grounds of the appeal, and the relief requested.

C.

City Council initiation of an appeal.

1.

At the next regularly-scheduled City Council meeting at least 15 days after the Board's decision, the City Council shall decide by majority vote of those present whether to review a Development Review Board decision.

2.

Within 5 days after the City Council votes to review the Development Review Board decision, the Zoning Administrator shall notify the property owner of the date and time of the City Council meeting to review the Board's decision.

D.

City Council review of a Development Review Board decision.

1.

The City Clerk shall schedule the property owner's or the City Council review, of a Development Review Board decision on the next regularly-scheduled City Council meeting at least 30 days after the appeal or City Council vote to review.

2.

The City Council at its meeting, shall affirm, modify, or reverse the decision of the Development Review Board. The decision of the City Council shall be final.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 11), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 47), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

The Zoning Administrator shall have the authority to approve, approve with stipulations, or deny minor development applications. The Zoning Administrator shall have the discretion to determine if a development application is minor. Minor development applications which do not reduce any development standard and do not significantly alter previous Development Review Board decisions, or other previous approvals, may include, but are not limited to:

1.

Demolition and post-demolition site improvements;

2.

Exterior finish and color changes;

3.

Minor additions;

4.

Landscaping;

5.

Signs;

6.

Site plan revisions;

7.

Satellite receiving earth stations in excess of one (1) meter in diameter in all districts; or

8.

Type 1 and Type 2 wireless communications facilities, subject to Article VII.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 12), 11-14-12; Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 4), 8-25-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

The Zoning Administrator's decision regarding a minor development application shall be final unless, within 30 days after the date of the written decision, the property owner files an appeal of the decision in writing to the Zoning Administrator.

B.

The Zoning Administrator shall schedule an appeal to the Development Review on the second regularly-scheduled Development Review Board meeting after the appeal has been filed.

C.

The Development Review Board at its meeting, shall affirm, modify, or reverse the decision of the Zoning Administrator.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 13), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 48), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

If a building permit has not been issued, development plans expire two (2) years after approval by the Development Review Board or Zoning Administrator unless the Development Review Board or Zoning Administrator specifies a different time period.

B.

The Zoning Administrator may grant one extension of up to one year for a Development Review Board approval, if the property owner files a written request for an extension with the Zoning Administrator before the approval expires.

C.

The Zoning Administrator may grant one extension of up to one year for a minor development application approval, if the property owner files a written request for an extension with the Zoning Administrator before the approval expires.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 14), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 49), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

A building permit shall be issued only if:

1.

The plans presented for the building permit are in conformance with the plans that were approved by the Development Review Board or Zoning Administrator, and

2.

All applicable time limits have not expired.

B.

The Zoning Administrator is responsible for enforcing the Zoning Ordinance, and all conditions and stipulations related to approvals of development applications. In addition to other enforcement mechanisms, a stop work order may be issued.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3920, § 1(Exh. § 15), 11-9-10; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 15), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24)

A.

An applicant may request a disability accommodation from a development standard or separation requirement if the standard or requirement unduly restricts the opportunity for a person with a disability from finding adequate housing within the City of Scottsdale, or unduly restricts the applicant or a person with a disability from utilizing their existing property. The Zoning Administrator may administratively approve a Minor Disability Accommodation of up to a ten percent (10%) modification of a development standard or separation requirement upon finding that such a modification will further the policies contained in the Arizona and federal fair housing laws and the Americans with Disabilities Act. All other requests for disability accommodation shall be submitted to the Board of Adjustment as a request for disability accommodation.

B.

An applicant requesting a Minor Disability Accommodation to this Zoning Ordinance shall file an application with the Zoning Administrator, on a form provided by the Zoning Administrator. The form shall require a site plan of the property, highlighting the specific portion of the property affected by the request, and the reason(s) for the request.

C.

Within ten (10) days after the Zoning Administrator receives a complete application, the property owner shall send notice, by first class mail, of the application to the property owners within three hundred (300) feet of any property line of the property on which the Minor Disability Accommodation is being requested.

D.

Public comment made on the proposed Minor Disability Accommodation shall address the Disability Accommodation Criteria set forth in Sec. 1.806 and be directed to the Zoning Administrator within thirty (30) days after the mailing date of the notice.

E.

In reviewing an application for a Minor Disability Accommodation, the Zoning Administrator shall determine whether the application meets the Disability Accommodation Criteria set forth in Sec. 1.806.

F.

The Zoning Administrator shall issue a written decision on the specific Minor Disability Accommodation requested no sooner than thirty (30) days and not later than forty-five (45) days after notice, referred to in C. above, is mailed.

G.

Any aggrieved person may appeal the Zoning Administrator's decision to the Board of Adjustment as set forth in the Zoning Ordinance.

H.

An application for a Minor Disability Accommodation is unrelated to, and does not impact, a property owner's ability to apply for a variance.

(Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 2)), 2-20-24; Ord. No. 4657, § 1(Exh. 1), 10-22-24)

The Scottsdale Historic Preservation Commission shall advise the Planning Commission and the City Council in all matters concerning historic and archaeological preservation, shall consider and make recommendations to the Planning Commission and the City Council about applications to designate and rezone property as HP District, and exercise the powers the City Council has delegated to the Commission.

(Ord. No. 3242, § 4, 7-13-99)

A.

The City Council hereby authorizes the City Manager, or designee, to designate an Historic Preservation Officer and a City Archaeologist.

B.

The Historic Preservation Officer and City Archaeologist shall assist the Historic Preservation Commission in carrying out its duties, and perform administrative duties required by Chapter 46, Article VI of the Scottsdale Revised Code and by the Zoning Ordinance of the City of Scottsdale.

(Ord. No. 3242, § 4, 7-13-99)

A.

All applications for Historic Property (HP) District zoning shall be considered by the Historic Preservation Commission pursuant to the requirements of Section 6.100 of the Zoning Ordinance of the City of Scottsdale.

B.

All applications for development of property within an HP District are subject to the provisions of Section 6.100 of the Zoning Ordinance of the City of Scottsdale.

(Ord. No. 3242, § 4, 7-13-99)

A.

When required by the Scottsdale Revised Code or the Design Standards and Policies Manual, a property owner shall submit an application and construction documents. The application and construction documents shall include all information necessary to demonstrate compliance with applicable provisions of the Scottsdale Revised Code and Design Standards and Policies Manual, and any conditions of a development application approval.

B.

When one or more approvals or permits are required by the Scottsdale Revised Code, it is unlawful to do the following without the approval(s) and permit(s): construct, alter, repair, remove or demolish, or to begin the construction, alteration, removal or demolition of a building, structure or other improvements to a property.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 4), 11-19-13)

Nothing in this section shall be construed to prevent the Zoning Administrator from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been presented and have been found to comply with this Zoning Ordinance.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 50), 5-6-14)

The Zoning Administrator may revoke a permit or approval issued under the provisions of this Zoning Ordinance in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 51), 5-6-14)

A.

Certificate of occupancy or certification of shell building for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy or certification of shell building shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of any code or ordinance of the city.

B.

The issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of any code or ordinance of the city. Certificates presuming to give authority to violate or cancel the provisions of any code or ordinance of the city shall not be valid.

C.

Compliance with Development Review Board approval. Prior to the issuance of a certification of shell building or a final certificate of occupancy, there must be full compliance with all stipulations of the Development Review Board.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 3920, § 1(Exh. § 16), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 52), 5-6-14)

Certificate of occupancy or certification of shell building shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this Zoning Ordinance. A record of all certificates shall be kept on file with the City.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 3920, § 1(Exh. § 17), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 53), 5-6-14)

The lawful use of land existing at the time of the passage of this ordinance or of an amendment to this Zoning Ordinance or to the zoning district in which the land is located, although such use does not conform to the provisions hereof for said land, may be continued. A nonconforming use may be changed to another nonconforming use which is for the same or more restricted classification, subject to a use permit. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 54), 5-6-14)

A lawful structure existing at the time of the passage of this Zoning Ordinance or of an amendment to this Zoning Ordinance to the zoning district in which the structure is located may be continued, although such structure does not conform with the provisions of this Zoning Ordinance for such structure.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 55), 5-6-14)

In the event that a nonconforming use of any structure or land is abandoned, then any future use of said structure or land shall be in conformity with the provisions of this Zoning Ordinance. A nonconforming structure or use of land discontinued for a period of six (6) months or longer is presumed abandoned.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 56), 5-6-14)

A.

Except as set forth in paragraph (B) of this subsection, no existing structure designed or arranged in a manner not permitted under the regulations of this Zoning Ordinance for the district in which such structure is located shall be enlarged, extended, reconstructed or structurally altered unless such structure together with such enlargement, extension, reconstruction or structural alterations conform in every respect with the regulations specified by this Zoning Ordinance for such district in which said structure is located. Provided nothing herein shall prohibit any reasonable repairs or alterations to such structure. Similarly, except as set forth in paragraph (C) of this subsection, no existing use not permitted under the regulations of this Zoning Ordinance shall be enlarged or extended unless such use conforms in every respect with the regulations specified by this ordinance for the district in which such use is located.

B.

For all main single-family residential dwellings located in residential zoning districts shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to a residential zoning district shown on Table 4.100.A., or any Planned Residential Development (PRD) district:

1.

Structural enlargements, extensions, reconstruction or modifications to dwellings are permitted if:

a.

The enlargement, extension, reconstruction or modification is made to the ground level story;

b.

The height of any portion of the dwelling is not increased;

c.

The cumulative total of the initial and any subsequent enlargement, extension, reconstruction or modification constitutes less than fifty (50) percent of the livable and non-livable square footage of the existing main single-family residential dwelling at the time of non-conformance; and

d.

The dwelling enlargement, extension, reconstruction, or structural modification conforms to all of the regulations specified by this Zoning Ordinance for such district in which the dwelling is located.

2.

Nothing contained in this subsection shall prohibit any reasonable repairs or alterations to such dwelling.

3.

An existing use not permitted under the regulations of this Zoning Ordinance shall not be enlarged or extended unless such use conforms to the regulations specified by this Zoning Ordinance for the district in which the use is located.

C.

Any authorized care home that is lawfully located and operating in a residential zoning district on December 5, 2017, may continue to operate in their existing location. Nothing in this section will grandfather a care home operating unlawfully or that is located in violation of the provisions of the Zoning Ordinance of the City of Scottsdale existing on December 5, 2017.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 3708, § 1(Exh. 1), 11-21-06; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 57), 5-6-14; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 1)), 11-25-24)

If at any time any structure in existence at the time of the adoption of this ordinance or of an amendment to this ordinance or to the zoning district in which the structure is located, which does not conform to the regulations for the district in which it is located, shall be destroyed by fire, explosion, or act of God to the extent of fifty (50) percent or more of its value as determined by three (3) competent appraisers, then and without further action by the City Council the structure and the land on which the structure was located shall from and after the date of such destruction be subject to all the regulations specified by this ordinance for the district in which such structure is located.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99)

Nothing in this Zoning Ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or land in violation of zoning regulations in effect at the time of the effective date of this Zoning Ordinance.

(Ord. No. 2830, § 1, 10-17-95; Ord. No. 3242, § 5, 7-13-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 58), 5-6-14)

(Ord. No. 4121, § 1, 12-9-13)

A.

Any person, firm, corporation, partnership, or association, whether as principal, owner, agent, tenant, or otherwise, who violates, disobeys, omits, or refuses to comply with, or who resists the enforcement of any of the provisions of this Zoning Ordinance is subject to a civil sanction (by issuance of a civil citation or long form complaint) or administrative remedy, including an administrative consent order.

B.

Notwithstanding subsection A of this section,

1.

If a violation is enforced by issuance of a civil citation or long form complaint, a second or subsequent violation of this Zoning Ordinance within two (2) years of the date of the first civil citation or long form complaint shall be deemed a misdemeanor.

(Ord. No. 4121, § 1, 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 59), 5-6-14)

A.

Upon a finding of responsible to a civil violation, the court shall impose a civil sanction not greater than two thousand five-hundred dollars ($2,500.00) except if the violation is for a non-permitted use or a conditional use permit stipulation then the mandatory minimum civil sanction shall be five hundred dollars ($500.00).

B.

Upon a conviction of a misdemeanor, the court may impose a sentence in accordance with section 1-8(a) of the Scottsdale Revised Code and state law for class one misdemeanors. Probation may be imposed in accordance with the provisions of Title 12, Chapter 9, Arizona Revised Statutes.

C.

In addition to the penalties prescribed in this section, a property owner found in violation of section 6.1035 shall be sentenced pursuant to section 6.1100.C.4.

(Ord. No. 4121, § 1, 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 60), 5-6-14)

A.

A civil violation may be commenced by issuance of a citation or by long form complaint.

B.

The citation will be substantially in the same form as the Arizona Traffic Ticket and Complaint and shall direct the defendant to appear in Scottsdale City Court at a date specified in the citation.

C.

Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:

1.

By having the defendant sign the citation with a promise to appear in court.

2.

If the defendant refuses to sign the citation by hand delivering a copy of the citation to the defendant.

3.

By mailing a copy of the citation to the person charged by certified or registered mail, return receipt requested, to the person's last known address.

4.

In the event service cannot be accomplished as set forth in subsections C.1, C.2 or C.3, by any means allowed by the Arizona Rules of Civil Procedure for the Superior Court may be used.

(Ord. No. 4121, § 1, 12-9-13)

The Zoning Administrator, Scottsdale Police Officer, City Attorney, or the City Manager or designee, may issue a civil citation pursuant to this chapter.

(Ord. No. 4121, § 1, 12-9-13)

A.

If the defendant fails to appear as directed on the citation, the court shall enter a default judgment and shall impose a civil sanction for the violation.

B.

If the defendant fails to appear for a pre-trial conference or trial, the defendant's failure to appear shall be deemed an admission of the offense and the court shall enter judgment against the defendant and shall impose a civil sanction for the violation.

(Ord. No. 4121, § 1, 12-9-13)

A.

The Arizona Rules of Court in Civil Traffic Violation Cases shall be followed by the Scottsdale City Court for civil violations of this Zoning Ordinance except as modified or where inconsistent with the provisions of this Article.

B.

The Arizona Rules of Criminal Procedure shall be followed by the Scottsdale City Court for criminal violations of this Zoning Ordinance except as modified or where inconsistent with provisions of this Article.

(Ord. No. 4121, § 1, 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 61), 5-6-14)

Any judgment for civil sanctions taken pursuant to this Article may be collected as any other civil judgment.

(Ord. No. 4121, § 1, 12-9-13)

Violations of this Zoning Ordinance are in addition to any other violation enumerated within the Scottsdale ordinances and Code and in no way limits the penalties, actions, or abatement procedures which may be taken by the City of Scottsdale for any violation of this Zoning Ordinance which is also a violation of any other ordinance or Code provision of the City of Scottsdale, or statutes of the State of Arizona.

(Ord. No. 4121, § 1, 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 62), 5-6-14)

Each day any violation of any provision of this ordinance or the failure to perform any act or duty required by this Zoning Ordinance continues shall constitute a separate offense.

(Ord. No. 4121, § 1, 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 63), 5-6-14)

A.

If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Zoning Ordinance, the city, or any property owner or tenant in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceedings:

1.

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

2.

To prevent the occupancy of the building structure or land;

3.

To prevent any illegal act, conduct, business or use in or about the premises; or

4.

To restrain, correct or abate the violation.

B.

When any such action is instituted by a property owner or tenant, notice of such action shall be served upon the City at the time suit is begun, by serving a copy of the complaint on the City Clerk.

C.

In any such action or proceeding, the court with jurisdiction thereof has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purpose of this Zoning Ordinance.

(Ord. No. 4121, § 1, 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 64), 5-6-14)

Editor's note— Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 2)), adopted Nov. 13, 2018, repealed §§ 1.1500—1.1504, which pertained to collaborative city and school planning, applicability, determination by applicable school districts, processing of applications for rezoning, and no assurance of school attendance boundaries, and derived from Ord. No. 3464, § 1, adopted Sept. 9, 2002; Ord. No. 3920, § 1(Exh. § 20), adopted Nov. 9, 2010; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 65—67), adopted May 6, 2014.